In probate court do you have to go through an attorney to subpoena records and/or a person?

UPDATED: Jun 3, 2011

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In probate court do you have to go through an attorney to subpoena records and/or a person?

Court clerk said that I did. In CT.

Asked on June 3, 2011 under Estate Planning, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The rules as to subpoenas vary from state to state. In some states attorneys can issue subpoena themselves.  In other states only the courts can issue them (they have to be prepared and submitted to be so ordered for certain things like medical records) to avoid an abuse of power.  Although in Connecticut it appears that an attorney can issue a subpoena it does not preclude the court from issuing one - or an order - for documents or a person if you make the request of the court in a proper way.  If time is of the essence then maybe you should consult with an attorney about your case and pay for limited work to be done.  Good luck.


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